CFTC Enforcement Action Targets Company for Failure to File CFTC Form 204

In another enforcement action involving failure to file CFTC from 2014 as required by CFTC Regulation 19.01, the Commodity Futures Trading Commission ordered Golden Agri International Pte Ltd. to pay $150,000. This follows similar actions against farm co-op CHS Inc. and Marubeni America Corporation and is a reminder to reportable market participants of their ongoing legal obligation to comply in a timely manner with Regulation 19.01, which prescribes the form and manner for submitting Form 204 reports to the Commission for wheat, corn, oats, soybeans, soybean oil, and soybean meal. Regulation 19.01(b) requires that the Form 204 report be made monthly by the close of business on the last Friday of the month, and filed with the Commission’s Office in Chicago, IL by the third business day following the date of the report or via facsimile, telephone, or mail. 

Failure to file Form 204 reports in a timely manner and follow instructions constitutes a violation of Regulation 19.01, which is actionable under the Commodity Exchange Act (“CEA”) and Commission regulations and these actions show that enforcement proceedings will brought against nonconforming companies. 

If you have questions regarding CFTC Form 204, Regulation 19.01(b), or any other CFTC rule or regulation, please contact Braden Perry with Kennyhertz Perry, LLC’s Commodities, Futures, and Derivatives, and Government Enforcement practice groups, where roots of the practice are in the commodities markets, where Mr. Perry spent time as a CFTC Senior Trial Attorney.  Kennyhertz Perry lawyers regularly advise our clients on compliance with the complex laws and regulations governing the securities and derivatives industries, including the Commodity Futures Modernization Act of 2000, the Commodity Exchange Act, and CFTC regulations, and the rules of the derivatives exchanges and clearinghouses and other industry self-regulatory organizations. Kennyhertz Perry lawyers guide clients on comment-making about proposed legislation and regulation, provide ongoing operational and compliance counseling, and offer advice on modifications of transaction structure and documentation. Mr. Perry also brings his enforcement experience and his substantial prior experience in white collar criminal defense practice, and represents corporate clients and individual officers and directors at every stage of government investigations and enforcement actions – including white collar criminal matters – initiated by state and federal agencies, including the CFTC and NFA.

Posted July 11, 2016 | by admin |in CFTC, Due Diligence, White Collar Crime

Braden Perry Presents Bitcoin and Block Chain Technology to the Nebraska Attorney General’s Office

Kennyhertz Perry partner Braden Perry lead an educational and interactive training at the Nebraska Attorney General’s office focusing on legal implications of Bitcoin and other emerging issues related to block chain technology. The Office of the Attorney General, and personnel from the Nebraska Highway Patrol, Nebraska Department of Revenue criminal investigators, and Homeland Security participated in an interactive training by Perry, and representatives from Coinbase and Chainalysis, discussing criminal, fraud, and consumer protection issues with the emerging technology.  The daylong event occurred in Lincoln on May 16, 2016. 

Posted May 20, 2016 | by admin |in Bitcoins, Block Chain Technology, Criminal Fraud, Regulations, White Collar Crime

Corruption, Forced Labor and Human Trafficking in Supply Chains Subject Unsuspecting Companies to Potential FCPA Violations

Increasingly,  trafficking-related activities in global supply chains include corruption, bribery, and other conduct that could result in liability for companies subject to Foreign Corrupt Practices Act (FCPA) jurisdiction. Both sending countries and countries employing forced labor can be liabilities for companies unknowingly using unscrupulous agents. Companies can avoid FCPA prosecution by instituting an effective, functioning compliance program. Routine FCPA Due Diligence is a critical component in maintaining a FCPA compliance program.

If you or your company is subject to, or suspects potential supply chain issues, contact our experienced attorneys. Attuned to detail, Kennyhertz Perry’s investigations are unparalleled in quality, exceeding the highest standards.

Posted May 11, 2016 | by admin |in Compliance

Braden Perry Featured in Series on Law Firm Information Security

Kennyhertz Perry, LLC Partner Braden Perry was featured as one of several information security experts in the ABA Law Practice Today. Mr. Perry discussed the revelation that some of the country’s most prestigious law firms were hacked in an attempt to uncover confidential information, coupled with the “Panama Papers” scandal, and how it has put an uncomfortable spotlight on law firms and their data security programs.

The two-part series, entitled “Law Firm Hack Attack,” addresses the serious issues with law firms and their data security, including why law firms are targets. Mr. Perry has extensive experience advising clients in federal inquiries and investigations, particularly in enforcement matters involving complex or emerging and novel issues. He also works with clients in all industries in crafting information security programs and ensuring their current information security programs are sound.

Posted April 21, 2016 | by admin |in Securities

Perry Discusses Apple’s iPhone Defenses with IDG News Service

Braden Perry, government enforcement and litigation partner with Kennyhertz Perry, LLC was again contacted by IDG News Service to discuss Apple’s defenses and their refusal to follow Judge Pym’s order requiring assistance to the FBI’s in its probe of the San Bernardino terrorist acts.  IDG News Service is the wire service representing PCWorld, Computerworld, MacWorld, Network World, CIO and dozens of other leading tech publications worldwide.

Apple recently raised its defenses in a court briefing, ranging from attacking the purposes of the All Writs Act, to the 1st and 5th Amendment arguments. Perry commented on the the overall  balancing the needs of law enforcement with the privacy and personal safety interests of the public, and the fact that the ” government needs a ‘compelling’ interest to force Apple to write new code,”  he said. Still, however, Apple faces an “uphill battle.”

Posted March 1, 2016 | by admin |in News

John Kennyhertz Counsels Kansas City’s Startup Community

On February 3rd, John Kennyhertz, Partner with Kennyhertz Perry, LLC, presented at the Kauffman Foundation as part of the FastTrac TechVenture program.  The certified FastTrac curriculum and the affiliates that teach it have a proven framework to help aspiring entrepreneurs start businesses across the country.  The audience was made up of UMKC professors and entrepreneurs from the greater Kansas City area.  Serving as the legal expert for the UMKC Small Business and Technology Development Center, Kennyhertz addressed various legal issues faced by today’s entrepreneurs and their startups.  He discussed entity selection and formation, the importance of a tailored operating agreement, Federal, state and local government regulations, employment law, business licensing, and employment law issues.  Mr. Kennyhertz continues to serve as a valuable resource to the growing startup community in Kansas City through his continued involvement and work with The Kauffman Foundation, UMKC and the University of Kansas School of Business.

Posted February 25, 2016 | by admin |in Business Law

Kennyhertz Perry Partner Braden Perry Selected as Speaker for The Knowledge Group’s Foreign Corrupt Practices Act (“FCPA”) Webcast

Braden Perry, a government enforcement and investigations attorney with Kennyhertz Perry, LLC, has been invited to speak at The Knowledge Group’s live webcast entitled “FCPA Investigation Cooperation: Avoiding Common Corporate Mistakes.” This event will focus on companies and clients potentially at risk for a Foreign Corrupt Practices Act (“FCPA”) investigation and how internal investigations should be appropriately tailored and cautioned against overly broad and costly investigations that may delay resolution.

In a two-hour live webcast, a panel of thought leaders and practitioners assembled by The Knowledge Group will identify the common corporate mistakes and the best strategies on how to avoid them during FCPA investigation.

Key topics include:

  • FCPA Enforcement – A 2016 Overview
  • Common FCPA Corporate Missteps during Investigation
  • Strategies for Thorough and Tailored Investigation
  • Best Practices When Working with the Government
  • Recent Regulatory Developments
Posted February 23, 2016 | by admin |in Government Investigations